Category: Employment Litigation

I recently asked my 6 year-old niece what was her favorite subject in school and she replied:  “Recess.”  Certainly, that is true for most 6 year-olds.  The same likely is the case for working adults. Research shows that taking breaks during work is important for mental health and concentration, and that taking breaks actually prevents employees from getting…

The latest minimum wage increase for hourly employees in California occurred in July 2014, raising the minimum wage from $8 to $9 per hour. Along with the increase in the minimum hourly wage for hourly employees in California came an increase in minimum overtime pay and the minimum salary requirement for certain exempt (salaried) employees…

With the growing number of businesses who do not report correct information regarding their employees and revenues, wage theft in California has become rampant. Wage theft is any type of deliberate underpayment to an employee by an employer of wages legally entitled to an employee. This can occur when employees are not paid for the…

Employers Generally Cannot Withhold Payment From An Employee’s Paycheck. One of the questions that our employment lawyers receive most often from our employment law clients is whether an employer is permitted to deduct from an employee’s check any amount that the employee owes the employer. As a general matter, the employer has very limited rights…

Employees And Independent Contractors Are Very Distinct And Different From Each Other In an effort to save money and the headaches ordinarily associated with employing someone, some employers treat their employees as independent contractors. Such business practices could expose a business to penalties, damages, and other liabilities. In evaluating whether a relationship is one of…

The Implications of an Anti-Fraternization Policies As Applied to Non-Supervising Coworkers Since the decision of the California Court of Appeals in Barbee v. Household Automotive Finance Corp., 113 Cal. App. 4th 525 (2003), employers have been assured that anti-fraternization policies which prohibit sexual and/or romantic relationships amongst supervisors and subordinates are enforceable. What has been…

SLAPP Motions Are Effective Ways to Dispose of A Frivolous Case Without Having to Go Through Trial The term SLAPP is an acronym for Strategic Lawsuits Against Public Participation. A SLAPP motion refers to a “special motion to strike” under the anti-SLAPP statute that seeks to dismiss a civil lawsuit at an early stage in…

Signed into law by Governor Jerry Brown in October and taking effect on January 1, 2014, SB400 makes it unlawful for an employer to terminate or otherwise discriminate against an employee based on his or her known status as a victim of domestic violence, sexual assault or stalking.  The law also entitles victims to reasonable safety accommodations…

In what is being viewed as a push toward gender equality in the workplace, President Obama signed two executive orders on April 8, 2014, relating to fair pay for women.  The actions, which were signed on what Obama commemorated as “National Equal Pay Day,” were enacted in an attempt to bridge the national wage gap…

With Limited Exceptions, Non-Compete Clauses Are Not Enforceable in California California Has a Strong Policy in Favor of Open Competition “California has a settled public policy in favor of open competition.” Kelton v. Stravinski, 138 Cal. App. 4th 941, 946 (2006). The general rule, as embodied in section 16600 of the California Business and Professions…